NHB Online Performance Terms and Conditions
9 Jun
Online Performance Terms and Conditions
By licensing a Nick Hern Books play for online performance from ORiGiN Theatrical you accept and agree to be bound by the terms and provisions of this agreement.
Privacy and personal information
The personal information we require from you, as well as details of the company performing this play, is used to process your application or to make enquiries on your behalf. We retain this information in order to contact you regarding your enquiry or licence, to supply you with any licence we may subsequently issue, and as a record of your application. We will not pass on this information to any third party, other than as required for the purposes of issuing a licence.
Your online production
The following special requirements relate to the online production of the play.
The play can be performed via an online platform (e.g. Zoom, YouTube, Vimeo, etc.). It must be password-protected or accessible only via a private link. It is up to you whether to charge for viewing or not, however, it cannot be freely available for anyone to view without some sorts of limits/protections in place.
The production may be broadcast live for an agreed number of performances, or recorded and made available for a limited number of days on an online platform, at a cost of A$115 + GST for each live performance or each day that the production remains online.
The recording of the production cannot be distributed or broadcast again at a later date, or on dates other than those for which have been licensed. For each day the recording remains online outside of the licensed dates, an additional fee of A$115 + GST will be charged. The recording must not be sold, shared or passed to a third party. The ability for your audience to download or record performances must be disabled.
The production may not take place until we have received payment and a signed license agreement has been returned to us in line with our normal processes, listed below.
The link to view the live broadcast and/or recording of the production must be shared privately with ORiGiN Theatrical ahead of the first performance or broadcast date.
It is your responsibility to ensure that anyone with whom you privately invite to view the recorded performance does not share the link or password publicly, or embed the video elsewhere, and to make them aware of these restrictions.
For the avoidance of doubt, this permission is personal to you, the Licensee, who shall not be entitled to authorise third-party broadcast, streaming or hosting of the production. All rights not specifically referred to herein are reserved to ORiGiN Theatrical on behalf of Nick Hern Books and on behalf of the author.
Payment
Payment of the invoice for your licence can be made anytime from the date of issue, and must be made in full in advance of your first performance or broadcast date.
Payment must be made in Australian dollars. Payment can be made by bank transfer or by card over the phone. You must quote your invoice number when making payment. Please do not make payment before receiving an invoice.
If you have not made payment ahead of your first performance or broadcast date, your production is not licensed and you will be in breach of copyright law. If you have made payment but not received your countersigned licence ahead of your first performance or broadcast date, please contact us on enquiries@originmusic.com.au before your first performance takes place.
Your licence
Amateur performing rights are non-exclusive.
The availability of performing rights for this play is guaranteed to you once you have received confirmation from us by email, except where changes to the licence are requested (please see the 'Changes to your licence' section of this agreement). Any restrictions that are placed on the availability of the performing rights for this play after you have received confirmation will not affect your licence.
Changes to your licence
You must immediately inform us of any changes to your licence, including dates or number of performances. Please note that this may affect the availability of performing rights for this play.
If your performance is cancelled for any reason and you need to terminate your licence, you can do so at any time prior to the date of your first performance or broadcast date and receive a full refund, minus the booking fee of A$15 + GST.
The text
The text of the play may not be altered in any way. The play should be performed as written in the published playtext. If you wish to make any cuts or changes to the script, please contact us as soon as possible, as changes may need to be referred to the author or the author's agent for approval in advance of the first performance or broadcast date. We cannot guarantee that requested cuts or changes will be approved.
Scripts
Copies of the script must be purchased for each member of the cast and creative team involved in the production. Scripts are available for most titles from the ORiGiN Theatrical website. Please contact us if you require more information.
Marketing and advertising
While you are permitted to advertise your online production, you must not publicly share the link to view either the live broadcast or recording. The link to access these must only be provided privately to attendees (e.g. via email, private message, private Facebook group, private Facebook event, etc.).
It is your responsibility to ensure that attendees do not publicly share the link to view the performance, and to make them aware of these restrictions.
The term "marketing material" here refers to print or digital posters and flyers, video or audio trailers and previews, website listings, and theatre or festival programmes.
Any and all marketing material for your performance must include the following:
Music and lyrics
If the play you intend to perform includes music:
Music and lyrics printed in the playtext
The rights to perform music or lyrics printed in full in the published playtext are not necessarily included in your licence. Please contact us on enquiries@originmusic.com.au to enquire about these rights.
Music and lyrics to accompany the playtext
In your confirmation email you will be informed if there is optional original music and lyrics to accompany the play. The rights to perform any such music and lyrics are not included in your licence to perform the script only. Please contact us on enquiries@originmusic.com.au to enquire about these rights.
Music or lyrics suggested in the playtext
The rights to perform music or lyrics suggested in the published playtext - for example, when a song title is written in the stage directions, but the lyrics are not printed in the script - are not included in your licence and are not held by ORiGiN Theatrical or Nick Hern Books. You will be responsible for clearance of copyright and payment of fees required for the use of any such music and lyrics in connection with your production. Please enquire with your performance venue or contact APRA/AMCOS.
All other music or lyrics
You will be responsible for clearance of copyright and payment of fees required for the use of any other music and lyrics in connection with your production. Please enquire with your performance venue or contact APRA/AMCOS.
By licensing a Nick Hern Books play for online performance from ORiGiN Theatrical you accept and agree to be bound by the terms and provisions of this agreement.
Privacy and personal information
The personal information we require from you, as well as details of the company performing this play, is used to process your application or to make enquiries on your behalf. We retain this information in order to contact you regarding your enquiry or licence, to supply you with any licence we may subsequently issue, and as a record of your application. We will not pass on this information to any third party, other than as required for the purposes of issuing a licence.
Your online production
The following special requirements relate to the online production of the play.
The play can be performed via an online platform (e.g. Zoom, YouTube, Vimeo, etc.). It must be password-protected or accessible only via a private link. It is up to you whether to charge for viewing or not, however, it cannot be freely available for anyone to view without some sorts of limits/protections in place.
The production may be broadcast live for an agreed number of performances, or recorded and made available for a limited number of days on an online platform, at a cost of A$115 + GST for each live performance or each day that the production remains online.
The recording of the production cannot be distributed or broadcast again at a later date, or on dates other than those for which have been licensed. For each day the recording remains online outside of the licensed dates, an additional fee of A$115 + GST will be charged. The recording must not be sold, shared or passed to a third party. The ability for your audience to download or record performances must be disabled.
The production may not take place until we have received payment and a signed license agreement has been returned to us in line with our normal processes, listed below.
The link to view the live broadcast and/or recording of the production must be shared privately with ORiGiN Theatrical ahead of the first performance or broadcast date.
It is your responsibility to ensure that anyone with whom you privately invite to view the recorded performance does not share the link or password publicly, or embed the video elsewhere, and to make them aware of these restrictions.
For the avoidance of doubt, this permission is personal to you, the Licensee, who shall not be entitled to authorise third-party broadcast, streaming or hosting of the production. All rights not specifically referred to herein are reserved to ORiGiN Theatrical on behalf of Nick Hern Books and on behalf of the author.
Payment
Payment of the invoice for your licence can be made anytime from the date of issue, and must be made in full in advance of your first performance or broadcast date.
Payment must be made in Australian dollars. Payment can be made by bank transfer or by card over the phone. You must quote your invoice number when making payment. Please do not make payment before receiving an invoice.
If you have not made payment ahead of your first performance or broadcast date, your production is not licensed and you will be in breach of copyright law. If you have made payment but not received your countersigned licence ahead of your first performance or broadcast date, please contact us on enquiries@originmusic.com.au before your first performance takes place.
Your licence
Amateur performing rights are non-exclusive.
The availability of performing rights for this play is guaranteed to you once you have received confirmation from us by email, except where changes to the licence are requested (please see the 'Changes to your licence' section of this agreement). Any restrictions that are placed on the availability of the performing rights for this play after you have received confirmation will not affect your licence.
Changes to your licence
You must immediately inform us of any changes to your licence, including dates or number of performances. Please note that this may affect the availability of performing rights for this play.
If your performance is cancelled for any reason and you need to terminate your licence, you can do so at any time prior to the date of your first performance or broadcast date and receive a full refund, minus the booking fee of A$15 + GST.
The text
The text of the play may not be altered in any way. The play should be performed as written in the published playtext. If you wish to make any cuts or changes to the script, please contact us as soon as possible, as changes may need to be referred to the author or the author's agent for approval in advance of the first performance or broadcast date. We cannot guarantee that requested cuts or changes will be approved.
Scripts
Copies of the script must be purchased for each member of the cast and creative team involved in the production. Scripts are available for most titles from the ORiGiN Theatrical website. Please contact us if you require more information.
Marketing and advertising
While you are permitted to advertise your online production, you must not publicly share the link to view either the live broadcast or recording. The link to access these must only be provided privately to attendees (e.g. via email, private message, private Facebook group, private Facebook event, etc.).
It is your responsibility to ensure that attendees do not publicly share the link to view the performance, and to make them aware of these restrictions.
The term "marketing material" here refers to print or digital posters and flyers, video or audio trailers and previews, website listings, and theatre or festival programmes.
Any and all marketing material for your performance must include the following:
- The title of the play
- The words "an amateur production by arrangement with ORiGiN Theatrical on behalf of Nick Hern Books"
- The author(s) of the play
- The translator(s) of the play, where appropriate
- The composer(s) of the music for the play, where appropriate
Music and lyrics
If the play you intend to perform includes music:
Music and lyrics printed in the playtext
The rights to perform music or lyrics printed in full in the published playtext are not necessarily included in your licence. Please contact us on enquiries@originmusic.com.au to enquire about these rights.
Music and lyrics to accompany the playtext
In your confirmation email you will be informed if there is optional original music and lyrics to accompany the play. The rights to perform any such music and lyrics are not included in your licence to perform the script only. Please contact us on enquiries@originmusic.com.au to enquire about these rights.
Music or lyrics suggested in the playtext
The rights to perform music or lyrics suggested in the published playtext - for example, when a song title is written in the stage directions, but the lyrics are not printed in the script - are not included in your licence and are not held by ORiGiN Theatrical or Nick Hern Books. You will be responsible for clearance of copyright and payment of fees required for the use of any such music and lyrics in connection with your production. Please enquire with your performance venue or contact APRA/AMCOS.
All other music or lyrics
You will be responsible for clearance of copyright and payment of fees required for the use of any other music and lyrics in connection with your production. Please enquire with your performance venue or contact APRA/AMCOS.
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